w w w . L a w y e r S e r v i c e s . i n



Md. Parvez Alam & Others v/s State of Bihar


Company & Directors' Information:- ALAM & CO LTD [Strike Off] CIN = U60210WB1946PLC014227

    Criminal Miscellaneous No. 29205 of 2012

    Decided On, 24 August 2018

    At, High Court of Judicature at Patna

    By, THE HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

    For the Petitioners: Pramod Kumar Sinha, Md. Abdul Wadood, Najmul Hoda, Arvind Kumar Sharma, Chetan Kumar, Advocates. For the Opposite: R2, Ashok Kumar Singh, Advocate. Ranjan Kumar Jha, Anita Kumari Singh, Advocates.



Judgment Text

1. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.

2. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the cognizance order dated 19.08.2014 passed by the Sub-Divisional Judicial Magistrate, Bhagalpur whereby the learned Lower Court has taken cognizance of the offence under Sections 341, 323, 498-A, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners in Pirpainti P.S. Case No. 53 of 2012.

3. Factual matrix of the case is that Pirpainti P.S. Case No. 53 of 2012 was instituted under Sections 341, 323, 498-A, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners and other accused on the basis of the written report of Zeba Tabassum (Opposite party no.2) with the case in succinct that marriage of the opposite party no.2 was performed with the accused Md. Parwez Alam on 15.12.2008 as per Muslim rites and rituals and after marriage, she went to her marital house. On arrival there, accused persons started demanding Rs. 5 lakhs in dowry and tormenting her over non-fulfillment of the said demand. But she stayed at her marital house enduring all the misery and became pregnant. In the meantime, she went to her maternal house along with her brother and gave birth to a girl child there. The accused persons named in the F.I.R. refused to perform her bidai till fulfillment of the aforesaid demand and filed Matrimonial Case No. 97 of 2009 in the Family Court, Bhagalpur to save their skin. However, on the intervention of the court, she went to her marital house, but there was no change in the attitude of the accused persons and they continued to subject her to various sorts of torture. They also tried to strangulate her, resultantly she and her girl child fell ill and lastly she left her marital house along with her father on 22.12.2011 and filed this case.

4. Aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted chargesheet against the aforesaid accused persons and after considering the chargesheet and materials available on record, learned S.D.J.M., Bhagalpur took cognizance of the offence under Sections 341, 323, 498-A, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners vide order dated 19.08.2014.

5. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Opposite party no.2 had left her marital house at her own without any reasonable excuse and for restitution of the conjugal rights, her husband had filed Matrimonial Case No. 97 of 2009 and the present case has been filed in order to create defence. It is further submitted that petitioner no.2 happens to be father-in-law, petitioner no.3 mother in law, petitioner no.4 brother in law, petitioner nos. 5, 6 and 8, sisters-in-law of the opposite party no.2 while petitioner nos. 7 and 9 happen to be distant relatives of the husband of the opposite party no.2. There is no specific allegation of making any dowry demand or subjecting the opposite party no.2 to any sort of torture against them rather all the allegations levelled against the aforesaid petitioners are general and omnibus in nature. Hence, cognizance against petitioner nos. 2 to 9 cannot be taken and impugned order is nothing but the abuse of the process of the law.

6. On the other hand, learned APP for the State and learned counsel for the opposite party no.2 advocating the correctness and validity of the impugned order have submitted that petitioner nos. 2 to 9 being her in-laws made dowry demand and subjected her to various sorts of torture on not coughing up the said demand and after investigation of the case and finding the case true I.O. submitted chargesheet against them and learned lower court considering the facts and materials available on record have rightly taken cognizance of the offence against the aforesaid petitioners which is liable to be upheld and this petition is shorn of merit and is liable to be dismissed.

7. From perusal of the record, it appears that the petitioner nos. 2 to 6 and 8 are the in-laws being parents-in-law, brothers-in-law and sisters-in-law of the opposite party no.2 and petitioner nos. 7 and 9 are distant relative of the husband of the opposite party no.2. From perusal of the written report, it appears that the allegation of making dowry demand from opposite party no.2 and her father and subjecting the opposite party no.2 to torture on not coughing up of the aforesaid demand by the petitioner nos.2 to 9 is general and omnibus in nature. From perusal of the case diary furnished by the petitioners during the course of argument, it appears that opposite party no.2 in her further statement and all the witnesses barring witnesses in Para-11 and 25 of the case diary have given general and omnibus statement regarding making of dowry demand and subjecting the opposite party no.2 to torture over not coughing up of the aforesaid demand by the husband of the opposite party no.2 and petitioner nos. 2 to 9. Though witnesses in Para-11 and 25 of the case diary have made specific allegation of assaulting opposite party no.2 and driving her out of her marital house over demand of the dowry but not against any of the petitioner nos. 2 to 9 rather against the husband of the opposite party no.2. Moreso, even not a single incident has been alleged against petitioner nos. 4 to 9 as to how they could be motivated to demand dowry when only they are brothers, sisters and distant relatives of the husband of the opposite party no.2. There is no specific allegation of any overt act against any of the aforesaid petitioners and in my considered opinion, it would be the clear abuse of the legal and judicial process to mechanically send the petitioners to undergo trial unless of course the F.I.R. discloses specific allegations which would persuade the court to take cognizance of the offence alleged against them. It is the well settled principle that if the F.I.R. did not disclose the commission of the specific offence by the accused, the court would be justified in quashing the proceedings preventing the abuse of the process of law.

8. Hon’ble Apex Court in Geeta Mehrotra and Another vs. State of U.P. and Another reported in (2012)10 SCC 741 and Preeti Gupta and Another Vs. State of Jharkhand and Another reported in (2010) 7 SCC 667 has been pleased to rule that there should be a clear allegation against relatives of the husband and vague and omnibus allegation would not be sufficient to compel them to undergo agony of the trial.

9. Hon’ble Apex Court in Monju Roy and Others Vs. State of West Bengal reported in (2015) 13 SCC 693 has been pleased to observe that while we do not find any ground to interfere with the view taken by the courts below that the deceased was subjected to harassment on account of non-fulfillment of dowry demand, we do not find any merit in the submission that possibility of naming all the family members by way of exaggeration is not ruled out'. Hon’ble Apex Court in Kans Raj Vs. State of Punjab reported in (2000) 5 SCC 207 has been pleased to observe that a tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case. Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar and Another reported in (2014) 8 SCC 273 has been pleased to observe that there is a phenomenal increase in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498- A IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498A IPC is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bedridden grandfathers and grandmothers of the husbands, their sisters living abroad for decades are arrested. In the said case, the Supreme Court has cautioned the courts with regard to proceeding against in-laws and distant relatives of the husband of the wife involved in the offence under Section 498A of the IPC and other relevant offences. This High Court in Brije

Please Login To View The Full Judgment!

sh Das @ Brijesh Kumar Das & Ors. Vs. The State of Bihar & Anr. reported in 2012(2) PLJR 545 has also held that there is specific allegation made against husband and no statement that other relatives assaulted the complainant. Allegations made against petitioner nos. 2 to 6 are vague and omnibus allegation made against the relatives of the husband, would not be sufficient to put them on a trial and set aside the cognizance order against the petitioner nos. 2 to 6 who happen to be in-laws of the complaint. 10. It is pertinent to mention here that petitioner no.1 who happens to be the husband of the opposite party no.2 has passed away during the pendency of the case and the case stood withdrawn against the petitioner no.1 at the instance of the opposite party no.2. 11. In the facts and circumstances of the case and in view of the aforesaid case laws, aforesaid cognizance order taken against the petitioners is quashed and this quashing petition is allowed accordingly.
O R







Judgements of Similar Parties

15-06-2020 Nabi Alam @ Abbas Versus State (Govt of NCT of Delhi) High Court of Delhi
10-04-2020 Shadab Alam Versus State High Court of Delhi
06-03-2020 Sakuntala Devi Versus Dr. Md. Mumtaz Alam & Others National Consumer Disputes Redressal Commission NCDRC
04-03-2020 Mahey Alam Versus State High Court of Judicature at Allahabad
13-02-2020 Md Shafique Alam Versus State of Bihar High Court of Judicature at Patna
04-02-2020 Md. Mofazzular Rahman & Others Versus Md. Sarfaraz Alam & Others High Court of Judicature at Calcutta
18-01-2020 Mokhtar Alam @ Md Mokhtar Alam Versus State of Bihar High Court of Judicature at Patna
14-01-2020 S.M. Zaheer Alam Versus National Council for Teacher Education (NCTE) through its Chairperson, New Delhi & Others High Court of Judicature at Patna
08-01-2020 Parwez Alam @ Md Prawez Alam Versus State of Bihar High Court of Judicature at Patna
11-12-2019 Tanveer Alam Versus Dr. Mohammad Massod Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
13-11-2019 Saghira Bano Versus Mahmood Alam & Others High Court of Judicature at Calcutta
12-09-2019 Nizamuddin @ Saiyad Nizamuddin Versus Saiyad Shahnawaz Alam @ Laddan & Others High Court of Judicature at Patna
09-09-2019 Ghulam Yazdani & Another Versus Mumtaz Yarud Dowla Wakf, Malakpet, Hyderabad, rep. by its Hony. Secretary, Nawab Mahboob Alam Khan & Others High Court of for the State of Telangana
16-08-2019 M/s. Amritrashi Apartment Pvt. Ltd. Versus J.B. Rayees Alam & Others High Court of Judicature at Calcutta
01-08-2019 Md. Afroj Alam @ Md. Afaroj Alam @ Afroj Alam & Another Versus State of Bihar High Court of Judicature at Patna
18-07-2019 West Bengal State Electricity Distribution Co. Ltd. Versus Noor Alam Mollah & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Md. Sarfaraz @ Md. Sarfaraz Alam & Another Versus The State of West Bengal High Court of Judicature at Calcutta
30-05-2019 For the Petitioner: I. Alam, Advocate. For the Respondent: ------------- High Court of Gauhati
29-05-2019 A. Alam Pasha Versus Ravishankar High Court of Karnataka
26-04-2019 Md Noor Alam & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
09-04-2019 Parwez Khan @ Parwez Alam Versus State of Bihar High Court of Judicature at Patna
08-04-2019 Mofikul Alam Molla & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
29-01-2019 Jane Alam Molla & Another Versus State of West Bengal High Court of Judicature at Calcutta
24-01-2019 Sukla Chakraborty Versus Abed Alam & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2019 Safi @ Safik Alam, (CG) Versus State of Chhattisgarh High Court of Chhattisgarh
10-01-2019 Shafiuddin Versus Mashur Alam High Court of Judicature at Allahabad
03-01-2019 Md. Mahfooz @ Md. Mahfooz Alam Versus The State of Bihar High Court of Judicature at Patna
24-10-2018 Goudhul Alam Meera Maideen Pallivasal, Rep. Through its President Versus Mahaboob John & Another Before the Madurai Bench of Madras High Court
16-10-2018 Nisar Mehboob Alam Khan, Aurangabad Versus Joint Commissioner of Income-Tax, Nashik Income Tax Appellate Tribunal Pune
24-09-2018 Mohd. Alam & Another Versus State High Court of Delhi
20-09-2018 Parvez Alam Versus State of Uttarakhand & Others High Court of Uttarakhand
19-09-2018 Sk. Jahangir Alam Versus The Branch Manager, SBI Life Insurance Co. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
27-08-2018 Dr. Mahboob Alam I.P.S. (Retd.) Versus The Registrar, Central Administrative Tribunal (Madras Bench), Chennai & Others High Court of Judicature at Madras
27-08-2018 Md. Iftakar Alam & Others Versus The Kolkata Municipal Corporation & Others High Court of Judicature at Calcutta
23-08-2018 Royal Sundaram General Insurance Co. Ltd. Versus Imteyaz Alam National Consumer Disputes Redressal Commission NCDRC
31-07-2018 M/s. Gahana Mahal Rep. by Amjad Alam Versus Sadaf Safique West Bengal State Consumer Disputes Redressal Commission Kolkata
27-07-2018 Beeru Alias Shah Alam Versus State of U.P. High Court of Judicature at Allahabad
24-07-2018 Md. Ibraj Alam, East Sikkim & Another Versus The State of Sikkim Through, The Public Prosecutor, High Court of Sikkim, East Sikkim High Court of Sikkim
12-07-2018 M/s. Shrachi Leathertex Pvt. Ltd. Versus Sk. Qumru Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-07-2018 Noor Alam Khan Versus Hasina Bano Noor Alam & Another High Court of Judicature at Bombay
15-06-2018 Alhaj Dr. Md. Meraj Alam Versus Rehena Begum High Court of Gauhati
27-04-2018 Nafiz Alam Nurul Hudda Shaikh & Others Versus The State of Maharashtra High Court of Judicature at Bombay
03-04-2018 Jahir Alam Versus Ram Lakhan Prasad Vishwakarma & Others High Court of Jharkhand
22-12-2017 Sofia Hasan, USA, rep. by her GPA Zulfaquar Alam Versus Shaik Mansoor Ali In the High Court of Judicature at Hyderabad
21-09-2017 Mohd. Mahboob Ali @ Sheru @ Sheikh Alam Versus State of U.P. High Court of Judicature at Allahabad
25-08-2017 In Re : Md. Aftab Alam High Court of Judicature at Calcutta
08-08-2017 Fakhre Alam & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-07-2017 Amir Alam Versus State of Punjab High Court of Punjab and Haryana
14-07-2017 Mujibur Rehman Haji Israr Alam Siddiqui Versus M/s. K.T. Kubal & Co. High Court of Judicature at Bombay
15-06-2017 Mohd. Maqsood Alam & Others Versus State (NCT of Delhi) High Court of Delhi
04-05-2017 Elegant Carpet Alam Exports and Others V/S Authorized Officer, Bank of Baroda and Others. Debts Recovery Tribunal Allahabad
25-04-2017 Rajib Saha Versus Monjur Alam Mallick High Court of Judicature at Calcutta
18-04-2017 Jahir Alam @ Jahid @ Jabed Versus The State of West Bengal High Court of Judicature at Calcutta
11-04-2017 TCP Marketing & Research Private Limited Versus Khurshid Alam High Court of Judicature at Calcutta
03-04-2017 Roshan Aara Versus Jahir Alam High Court of Jharkhand
09-03-2017 Shahne Alam Versus M/s. I.K. Polymers Pvt. Ltd. High Court of Delhi
08-02-2017 Md. Feroz Alam Versus The State of Bihar & Others High Court of Judicature at Patna
31-01-2017 Mohd. Khursheed Alam Versus State of Uttar Pradesh High Court Of Judicature At Allahabad Lucknow Bench
02-01-2017 Dr.MD. Dilwar Alam Khan Versus State of Assam & Others High Court of Gauhati
22-12-2016 Syed Naqui Alam Versus State of Bihar High Court of Judicature at Patna
15-12-2016 Sayyed Alam & Others Versus State of Assam & Others High Court of Gauhati
15-12-2016 Khaleek Versus Naaz Alam High Court of Judicature at Allahabad
16-09-2016 Md. Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
26-08-2016 Sayed Moinuddin Versus Md. Mehaboob Alam & Others High Court of Karnataka Circuit Bench OF Kalaburagi
17-08-2016 Mansoor @ Mansoor Alam @ Mansoor Ali & Another Versus The State of Jharkhand High Court of Jharkhand
29-07-2016 Shah Alam Versus Union of India & Others High Court of Judicature at Allahabad
05-07-2016 Alam Chand Versus State of H.P. High Court of Himachal Pradesh
20-06-2016 Khorshed Alam Versus Oil & Natural Gas Corporation Limited. & Another High Court of Tripura
18-05-2016 Md. Sawood Alam Versus The State of Bihar through the Secretary, Home Department, Government of Bihar, Patna & Others High Court of Judicature at Patna
08-04-2016 The State Govt of Nct of Delhi & Another Versus Tanjeer Alam @ Raja & Another High Court of Delhi
07-02-2016 Md. Shamsur Alam Versus Reliance General Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
11-01-2016 Athar Alam Ansari Versus Walayet Ali Roomi Ansari & Another High Court of Judicature at Calcutta
07-01-2016 Md. Shamsur Alam Versus Reliance General Life Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
29-12-2015 Masarat Alam Bhat Versus State & Others High Court of Jammu and Kashmir
16-10-2015 Mohd. Amir Alam Versus The State of Bihar High Court of Judicature at Patna
13-10-2015 Nayab Alam Versus Tanveer Sultana High Court of Judicature at Allahabad
06-10-2015 Dr. Samiran Banerjee & Another Versus Syed Meraj Alam Jharkhand State Consumer Disputes Redressal Commission Ranchi
16-09-2015 Ram Alam & Others Versus D.D.C., Varanasi & Others High Court of Judicature at Allahabad
15-09-2015 Musheer Alam Versus Ramesh & Others High Court of Judicature at Allahabad
06-08-2015 Tabrez Alam Versus The State of Bihar High Court of Judicature at Patna
03-08-2015 Kamre Alam Versus Md. Nasir Ahmed Khan West Bengal State Consumer Disputes Redressal Commission Kolkata
22-07-2015 Fakhre Alam & Others Versus Amity Business School, Noida & Others National Consumer Disputes Redressal Commission NCDRC
17-06-2015 Md. Anwar Alam Khan Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
06-06-2015 Jahangir Alam Versus National Insurance Co. Ltd. Through Divisional Manager & Another Delhi State Consumer Disputes Redressal Commission New Delhi
04-05-2015 Mijanur Alam Versus The State of West Bengal & Others High Court of Judicature at Calcutta
29-04-2015 The Branch Manager, New India Assurance Company Limited. Versus Zafeer Alam & Another Jharkhand State Consumer Disputes Redressal Commission Ranchi
28-04-2015 Md. Naseem Alam Versus The State of Bihar through the District Collector & Others High Court of Judicature at Patna
24-04-2015 Shah Alam Versus State of Uttar Pradesh & Others High Court of Judicature at Allahabad
08-04-2015 Dr. Ambica Prasad Versus Md. Alam & Another Supreme Court of India
12-03-2015 Sk. Samsher Alam Versus Sri Prasanta Gyan & Another High Court of Judicature at Calcutta
05-02-2015 Pongathsi Sangtam Versus J. Alam, IAS & Others High Court of Gauhati
22-01-2015 Abdul Raqeeb Alam Versus The State of Bihar through the Principal Secretary & Others High Court of Judicature at Patna
04-12-2014 Sk. Rabiul Alam Versus Dinesh Kumar Goyal & Another High Court of Judicature at Calcutta
17-11-2014 Aaftab Alam Versus Union of India & Another Central Administrative Tribunal Principal Bench New Delhi
12-11-2014 Niyamatullah & Others Versus Badre Alam & Others High Court of Judicature at Allahabad
10-10-2014 M/s. K.T. Kubal & Company Versus Mujibur Rehman Haji Israr Alam Siddiqui High Court of Judicature at Bombay
17-09-2014 Mashkoor Alam Versus Amir Bano High Court of Judicature at Allahabad
15-09-2014 Md Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
08-09-2014 National Insurance Co. Ltd. Through General Manager & Another Versus Alam Ali National Consumer Disputes Redressal Commission NCDRC